Can a company press charges after I signed a promissory note promising to pay back the money I owe?

UPDATED: Oct 1, 2022

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Can a company press charges after I signed a promissory note promising to pay back the money I owe?

I recently got fired at my job for making markdown tickets and ringing up

merchandise that is not the original price. The amount came to $847. I signed a

promissory note agreeing the pay the money back in a specific time frame. I

apologized and they let me free the same night. I did loose my job. I am afraid

that this will be on my background check, and they will prosecute me. The loss

prevention employees seemed glad that I agreed to pay the money back. They

told me that they will not get the authority’s involved. I am still very scared to what will happen in the future. I plan on paying the money back right away.

Asked on October 10, 2018 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, they could. A crime--like stealing, which is what you did, based on what your write--once committed is always a crime, even if the perpetrator offers to repay or does in fact repay what was taken; a perpetrator cannot avoid prosecution by repayment or reimbursement. The promissory note does not legally bar them from pressing charges.
That said, pressing charges will take them staff time and effort, and so effectively cost them money. They don't want that; they'd rather be repaid. So if you honor the promissory note, it is unlikely that they will press charges.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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